Brandon Bostian Trial: Prosecution Rests Case As Defense Turns To Call Witnesses, Move Toward Acquittal
PHILADELPHIA (CBS) -- A new phase will soon begin in the trial of a former Amtrak engineer. Brandon Bostian could face life in prison if a jury convicts him of all charges in the 2015 Amtrak derailment.
After four days of testimony, the prosecution has rested its case. The defense is now calling witnesses and presenting evidence as they move toward an acquittal.
On Wednesday, the jury heard from the last three witnesses that the prosecution called to testify: an Amtrak supervisor, a former Amtrak police officer and the brother of Robert Gildersleeve, one of the eight victims killed in the Amtrak train derailment.
Bostian, the operator of that train, is charged with involuntary manslaughter, reckless endangerment and causing a catastrophe.
For the first time on Monday, audiotapes of the frantic 911 calls were played for the jury after an Amtrak train flew off the tracks in Frankford Junction in May 2015, leaving eight people dead and more than 200 others hurt. They were made available to the public by the Attorney General's office on Wednesday.
"I'm on the phone with 911. There's blood everywhere. People are injured. People are trapped," a passenger is saying heard on the tapes.
Prosecutors say Bostian failed to identify himself as the operator of the train or ask for medical help during this call.
Bostian: "Hi. There's been an Amtrak train derailment. Train No. 188."
Dispatcher: "Were you on the train?"
Bostian "I was on the train, yes."
Dispatcher: "OK. We do have it. Please know that rescue is en route, and Amtrak is aware."
Bostian: "OK. All the cars are on the ground. We're going to need a lot of equipment."
NTSB investigators concluded that Bostian was distracted by radio chatter about somebody throwing rocks at a nearby SEPTA train and Acela train when he accelerated to 106 mph and crashed on a sharp curve.
But the judge isn't allowing the jury to hear parts of the NTSB's report because she wants jurors to come up with their own conclusions about why Bostian's train derailed.
The defense says Amtrak is at fault for failing to activate automatic train control, or ATC, on the northbound side of the tracks where the crash happened.
ATC is a system that slows down or stops speeding trains.
On Tuesday, the defense had a setback when the judge ruled that they can't mention ATC during the trial.
But Wednesday, Bostian's attorney Robert Goggin seemed confident he has the upper hand.
"We're going to destroy the prosecution's case," Goggin said. "The prosecution has rested a lot of their case and the gravitas on the timing of the call, saying the Acela train shooting incident happened after the derail. That's about to be blown out of the water. And that's a tough way for a prosecution to end their case."
Goggin says the prosecution failed to prove beyond a reasonable doubt his client was reckless.
He says initially the rock-throwing came out on the radio transmission as a shooting.
"He's heading headlong into a shooting scene and he's panicked and he doesn't make the right decision," Goggin said. "He makes a simple mistake and that is not criminal."
The prosecution has the burden of proving the defendant is guilty, so their case usually lasts longer.
The defense is expected to wrap up its case Thursday. Then there will be closing arguments, the jury will deliberate and there could be a verdict by the end of the week.
